Trump Action Archive

Supporting reports

• Stay motion decided — Oregon v. Trump (D. Or.) 3:25-cv-01756 — The Ninth Circuit Court of Appeals granted the administration's emergency motion to stay a district court order that had blocked the federalization of 200 members of the Oregon National Guard. In a 2-1 decision, the panel concluded that the President likely lawfully exercised his statutory authority under 10 U.S.C. § 12406(3) , finding his decision “reflect[ed] a colorable assessment of the facts and law within a ‘range of honest judgment.'” The majority found that the district court had erred by minimizing evidence of violence in the months before the federalization order was issued and that it placed too much emphasis on Trump's social media remarks, writing that the deployment constituted a “proportionate” and “measured” response by “sending only a minimal number of Guardsmen to restore order around a federal building” and that the decision of how many troops to send “warrants the highest possible deference.” Judge Graber dissented, warning that the ruling “hands the President a blank check to militarize domestic disputes whenever he declares himself dissatisfied with civilian law enforcement.” The stay reinstates the administration's power to deploy the Oregon National Guard while the appeal proceeds.
• Federal appeals court ruled Trump administration can deploy National Guard to Portland — A federal appeals court ruled that the Trump administration can move forward with deploying National Guard troops to Portland. Two Trump-appointed judges wrote that "Even if the President may exaggerate the extent of the problem on social media, this does not change that other facts provide a colorable basis" to support the deployment. A Clinton-appointed judge dissented, writing that the decision "is not merely absurd, it erodes core constitutional principles."
• Ninth Circuit judge requests en banc rehearing vote on Trump troop deployment ruling — Hours after the three-judge panel decision, a Ninth Circuit judge formally requested a vote on whether the case should be reheard by a larger en banc panel of all 29 active judges. This triggered a formal order requiring written briefs from Oregon and Portland (supporting rehearing) and the Trump administration (opposing it) by midnight Wednesday. All 29 judges will then vote on whether to grant the rehearing. The dissenting judge, Susan Graber, had urged vacatur of the panel's decision, and Oregon's governor and attorney general both called for the full court to reverse the ruling.
• Three-judge federal appeals panel lifts block on Trump's deployment of federalized Oregon National Guard troops to Portland — A three-judge panel of the Ninth Circuit Court of Appeals voted 2-1 on October 21 to lift a lower court's injunction blocking Trump's deployment of federalized Oregon National Guard troops to Portland. Trump had ordered the deployment citing federal property protection; Oregon's governor and attorney general challenged it as unlawful. The dissenting judge called the ruling "absurd" and without legal justification. Hours later, a Ninth Circuit judge formally requested a vote on whether the full 29-judge court should rehear the case, triggering a briefing schedule with a Wednesday midnight deadline.
• Ninth Circuit Court of Appeals pauses lifting of Portland national guard block — The Ninth Circuit Court of Appeals on Friday paused the lifting of Judge Immergut's first temporary restraining order blocking deployment of 200 Oregon national guard troops to Portland until the following Tuesday evening. The pause was granted to allow the court time to decide whether to rehear the appeal of that order before a larger 11-judge panel, effectively extending the deployment block for at least four additional days.
• Case update — Oregon v. Trump (D. Or.) 3:25-cv-01756 — The Ninth Circuit Court of Appeals applied an administrative stay on an earlier order temporarily blocking the administration from deploying the Oregon National Guard while the legal challenge against it proceeds. The ruling temporarily reinstates the district court's order while the full court determines whether to rehear the case en banc.